Terms of Sale
DEPOSITS/ORDER TERMS – Online orders via www.garsha18photography.com must be paid for in full. Garsha18 Photography will retain all rights to your Fine Art Photography order until it is paid in full. Please note that all sales are final. Garsha18 Photography will not provide any refunds of any amount paid in conjunction with order.
ART DELIVERY – Please allow 6-8 weeks for domestic delivery and 8-10 weeks for international delivery. All framed orders will be filled according to specifications written on your invoice. You, our customer, agrees to pay for any additional charges incurred for any changes to this order. Delivery times may be extended upon notification. If a delivery carrier cannot be secured due to conditions local to the delivery location (included but not limited to natural disaster, war, domestic unrest), you, the customer, will be notified and your purchase price refunded. You, the customer, agree to shipping terms by signing your invoice.
SHIPPING CHARGES – All charges for shipping, handling and insurance are the responsibility of you, the customer and are included in the total order amount. The customer is responsible for international sales orders fees, duties, custom fees, taxes and charges imposed following the purchase of the Fine Art Photography. You, the customer agree to shipping terms by signing your invoice.
DAMAGE/RETURNS – Your Fine Art Photograph is fragile. You, the customer, must inspect the Fine Art Photography immediately upon receipt of the order. All items are shipped fully insured and require signature upon receipt to verify receipt in good condition. There is a forty-eight hour window to inspect your shipment and to place an insurance claim, should it be required. Claims without original crating/packaging will not be accepted.
TAXES – You, the Customer, are solely responsible for all and any; local, state and federal, use, VAT, excise, import fees, or other taxes related to your Fine Art Photography purchase.
SALES – All sales of Fine Art Photography are final. NO REFUNDS with the exception of inability to secure a delivery carrier as outlined in Art Delivery section above.
COPYRIGHT, REPRODUCTION AND INTELLECTUAL PROPERTY – All copyrights and trade rights to the Fine Art Photography are expressly reserved to Garsha18 Photography. This agreement does not include a sale or license of the Copyright to Customer. Customer will not reproduce or copy the Fine Art Photography. Artist receives authorship credit in connection with Fine Art Photography at all times. Garsha18 Photography name, signature, logo and all related product and service names, design marks and slogans are the intellectual property of Garsha18 Photography, LLC. All intellectual property rights are expressly reserved. Customer will not in any manner whatsoever infringe on any copyright, trademark, trade secrets, logo, patent, or other intellectual property rights.
NO WARRANTY – The Fine Art Photography or any accessories thereto and/or supplied by Garsha18 Photography are sold as-is. Garsha18 Photography, Artist, Galleries, employees, representatives or affiliates each make no warranty or representation, expressed or implied, including, but not limited to, the implied warranties of the merchantability and fitness of a particular purpose or use or otherwise on any parts or labor furnished during the sale, delivery and installation.
LIMITATION OF LIABILITY; INDEMNIFICATION BY CUSTOMER – Under no circumstances shall Garsha18 Photography (seller), Artist, Employees, Representatives or Affiliates be liable for any indirect, punitive, special, incidental or consequential damages including but not limited to damages for loss of business, loss of profits, litigation or the like. Damages whether based on breach of agreement, breach of warranty, tort, including negligence, product liability or otherwise, arising from or result of the sale, delivery, non-delivery, installation, servicing, loss of use of the Fine Art Photography or any part thereof or any accessories thereto and/ or supplied by seller or otherwise, even if seller, artist, or any seller’s employees, representatives or affiliates have been advised of the possibility of such damages. Seller’s total liability in any event is limited to the lesser of the total amount due or the purchase price. You, the Customer, hereby release seller, Artist, Seller’s Employees, Representatives and Affiliates from all obligations, liabilities and claims in excess of this limitation. The negotiations and limitation of damages set forth above are fundamental elements of the basis of the bargain between Seller and Customer. Customer indemnifies and holds Seller, Artist and each of their respective employees, representatives and affiliates and subsidiaries harmless against any loss, cost, damage, expense or liability or personal injury which may arise as a result or, or in connection with Customer’s use of the Fine Art Photography.
DEFAULT – If customer fails to perform or breaches any obligation under this Agreement, Garsha18 Photography, (seller) may terminate any part or all of this agreement unless customer cures within (10) days of sellers notification of breach. Customer will reimburse Seller for all resulting damages, including attorney’s fees and court costs to enforce the Agreement.